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Public Defender Responds to Postponement of Activation of State Inspector's Mechanism

The Public Defender of Georgia is actively involved in the prevention of ill-treatment, a precondition of which is effective investigation of all alleged cases of ill-treatment. Since 2014, the Public Defender's Office has examined 68 cases, analysis of which indicated alleged ill-treatment. With regard to each case, the Public Defender addressed the Prosecutor’s Office of Georgia with a proposal to launch an investigation, but, unfortunately, none of the alleged offenders has been identified in any of these cases.

Due to the ineffective investigation and other reasons, the Public Defender of Georgia has been requesting the establishment of an independent investigative mechanism for years. In July 2018, the Parliament of Georgia adopted the Law of Georgia on State Inspector’s Office, which envisaged the establishment of a special investigative body to investigate offenses committed by law enforcement officers. The Office was to be activated from January 1, 2019. Even though this mechanism is not a solution to the problem, the Public Defender evaluated its adoption as a step forward.

On 17 December 2018, Members of Parliament submitted a draft law, according to which, activation of the State Inspector’s Office will be postponed. The only motive named is the necessity of allocation of funds needed for the State Inspector's Office. However, the explanatory note of the draft law does not explain why the finances were not allocated in 2018, when there was more than enough time for the above-mentioned. The state agency could allocate finances for the State Inspector's Office by making amendments to the state budget or from the reserve funds.

It should also be noted that neither the decree of the Minister of Justice of Georgia „On Determination of Investigative and Territorial Jurisdiction over Criminal Cases" has been amended as required by the transitional provision of the Law of Georgia on State Inspector’s Office.

The timely activation of the State Inspector's Office is a reform that is needed to be carried out quickly in order to ensure proper protection of human rights. Furthermore, it should be emphasized that the above-mentioned is a commitment undertaken by Georgia before the EU and its timely creation is a necessary issue for European integration. Any barrier or obstacle in this direction needs to be quickly addressed. The Public Defender of Georgia will request information from all public agencies to additionally study the issue.

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